Skip to main content

The Great EEOC Roundup: March Edition


As always, there are some EEOC cases that jump out at me when I review developments on that front.  Below are a couple EEOC cases and settlements that caught my eye this month.



There is quite a bit to unpack with this case.  Let us start with the allegations:  Limenos Corporation d/b/a Ceviche House is alleged to have allowed a general manager to subject a female server to sexual harassment, retaliated against the server when she complained of the alleged harassment, and then proceeded to make her work conditions so unbearable that she was forced to resign.  The manager apparently fostered a sexually charged workplace by regularly discussing sex at work, displaying nude photos of women, and referring to female employees as whores.  This alleged conduct, if true, is in violation of Title VII of the Civil Rights Act of 1964 which bars employers from discriminating against employees or applicants based upon sex as well as prohibits retaliation against employees who object to the unlawful discrimination.



A manufacturing company in Pennsylvania, Germantown Tool, has settled a sex discrimination suit for $103,000.00, following a claim brought by a former employee.  The former employee alleged that the company harassed him based upon his sex and terminated him in retaliation for his complaints about the alleged harassment.  This alleged conduct is in violation of Title VII which prohibits an employer from harassing an employee or applicant based upon sex.


BHT Constructions to Pay $38,000.00 to Settle Sex Discrimination Suit

A construction contracting company, BHT Constructions, has agreed to settle a sex discrimination suit for $38,000.00 after it apparently engaged in an unlawful hiring practice.  According to the lawsuit, the company failed to hire a well qualified female applicant because of her sex.  (The woman applied for a heavy machine operator position and although she had 20 years' experience, she was denied a job and told by a BHT supervisor that the company did not hire women.)  This alleged conduct is also in violation of Title VII, which as noted above, prohibits employers from discriminating against employees or applicants based upon sex.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations